The action was a chieftaincy dispute concerning the stool of Ejemu Alaran of Arandun in Irepodun Local Government of Kwara State. It all started with the movement of people from Omu Aran to a new settlement called Arandun. This was in or about 1931 and before then the people were under Ejemu Alaran. When the people were moving it is alleged that the Ejemu Alaran told them that whenever they settled at new found land, they should maintain their chieftaincy to avoid any controversy, the Appellants, together with others, moved and settled at Arandun in or about 1931. There were 6 compounds in Arandun and the Appellants belonged to the Moji or Imoji compound and the Respondents belonged to the Mode or Imode compound.

At Arandun the people maintained the stool of Ejemu Alaran and up till 1994 when the last Ejemu Jimoh Oyebanji died, the coumpound of Imoji produced all the Ejemus of Arandun from 1931 when the settlement was founded. In 1994, the Respondents, from the Imode compound protested the appointment of any member of the Imoji family on the ground that according to native law and custom, the post of Ejemu Alaran of Arandun should be rotated between the Imoji and the Imode compounds and that this time it was their turn. This briefly is the substance of the dispute in this case.

The parties filed their pleadings and called witnesses to support their case on pleadings. The learned counsel for the parties also addressed the Court at length both in writing and orally after their witnesses’ evidence. The learned trial Judge considered all these and came to the conclusion in her judgment that:-